J&K High Court Bar Association
SUMMARY
November 23, 2023

This report of a five-member team of the J&K High Court Bar Association's visit to Tihar Jail in New Delhi on January 11, 2016 to meet Kashmiri detainees/prisoners and provide legal aid. Contrary to court orders, the team was only allowed to visit 5 prisoners. The reports indivudual cases of detainees/prisoners who are being mistreated and denied fundamental rights. After returning to the valley, the Bar issued a statement detailing their interactions. From their statements it is evident that Kashmiri prisoners are being discriminated against and mistreated- they are deprived of jail facilities and visitation rights; additionally, Kashmiri prisoners are denied the right to have their cases tried in NIA courts without any good reason.


Topics: mistreatment of Kashmiri prisoners, violations of fundamental rights

Terms: violation of prisoner’s rights, discrimination against Kashmiris outside Kashmir, prisoner mistreatmentm arbitrary detention, illegal imprisonment, perventive detention, revolving detention, denial of due process, denial of legal representation, Rafiq Ahmad Shah, Ghulam Mohammad Bhat, Tariq Ahmad Dar, Muazaffar Ahmad Dar, Mohammad Shafi Shah, denial of access to justice, discrimination against Kashmiris

ARTICLE PREVIEW

From the aforesaid facts and circumstances it is quite evident that the condition of the Kashmiri prisoners lodged in different wards of Tihar is very bad as they have been deprived of all the facilities by the jail authorities. There is no TV in their wards where they have been kept and even the facility of radio or newspapers is not available to them, though the said facility is available to other prisoners lodged in the said jail. They had the facility of a canteen but that facility has also been taken away from them. They are taken to the courts but their cases are adjourned by months together without recording any progress. In NIA Court, proceedings are to be conducted on daily basis but the Kashmiri prisoners are denied the said right by the courts without any rhyme or reason. Inside the jail also they are subjected to discrimination also while as all other prisoners are free to talk their families 7 (seven) times in a week, Kashmiri prisoners are allowed to talk only twice in a week and that too for 5 minutes only and are made to pay heavy amount as the cost of such taking on phone.The Bar Association has accordingly decided to take up the matter of these prisoners before the High Court of J&K and to ensure that these prisoners get fair deal at the hands of the Tihar jail authorities.

This report is made available courtesy of KashmirLife.

Link to Original Article

January 2016

Originally published

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